Chapter 1501:47-1 General Provisions
(A) Public notice of hearings to be conducted by the division of watercraft, department of natural resources, state of Ohio, shall be advertised in the register of Ohio. In addition to public notice given in the register of Ohio, the division may give whatever other notice that it reasonably considers necessary to ensure notice constructively is given to all persons that are subject to or affected by the proposed rule, amendment, or rescission.
(B) Said notices shall be given at least thirty days, but not more than sixty days prior to the hearing. The notice shall state the division's intention to consider adopting, amending or rescinding rules; shall include a synopsis of the proposed rules, amendments, or rules to be rescinded or a general statement of the subject matter to which such proposed rule, amendment, or rescission relates; shall include a statement of the reason or purpose for adopting, amending, or rescinding a rule; and shall state the date, time, and place of a hearing on said proposed action. The notice shall also state the place from which copies of the proposed rules, amendments, or rules to be rescinded may be obtained.
The owner of any watercraft required to be registered under the provisions of section 1547.54 of the Revised Code shall, prior to the operation of such watercraft, apply to the chief of the division of watercraft or an authorized agent designated under the provisions of section 1547.52 of the Revised Code for a registration certificate for such watercraft.
Whenever the information contained on a registration certificate no longer accurately describes the owner or the watercraft, the registration certificate is void and the owner shall surrender the existing registration certificate to the chief or an authorized agent of the division, and upon payment of a three dollar writing fee, shall be issued a new registration certificate bearing the original registration number and expiration date with the correct information required by the provisions of this section. Anytime the propulsion of a watercraft is changed in such a way that the registration certificate no longer accurately describes the watercraft shall also be subject to the provisions of section 1501:47-1-06 of the Administrative Code. The owner of a watercraft required to apply for a new registration certificate under the provisions of this section shall not be charged more than one three dollar writing fee for each registration certificate issued.
The registration certificate shall include the following information:
(A) Number assigned to watercraft by the division of watercraft or the United States coast guard.
(B) Expiration date of registration certificate.
(C) Date issued.
(D) Type of boat (sail, row, canoe, open, cabin, house, personal watercraft, other).
(E) Name and address of owner(s).
(F) County of owners residence.
(G) Decal number.
(H) Water principally used.
(I) Make of watercraft, year built.
(J) Manufacturer's hull identification number, if the watercraft is required to have a hull identification number as prescribed by the regulations adopted by the United States coast guard.
(K) Length of watercraft.
(L) Type of use (pleasure, fishing, skiing, racing, rental, commercial pass, commercial fishing, commercial other).
(M) Make of inboard motor(s), serial number, horsepower.
(N) Hull material (wood, steel, aluminum, plastic, fiberglass, inflatable, other).
(P) Agent number.
(Q) Title number issued or title status if no number.
(R) Signature of owner(s).
(S) Name of agency.
(T) Date of birth of one owner.
(U) Type of propulsion (outboard motor, I/O, inboard motor, hand powered, sail, jet, air boat).
(V) Fuel (gas, diesel, other).
(W) Rights of survivorship (yes, no).
(X) Driver's license number, or state issued identification card number, or U.S. citizen and immigration service document number, or certified court order number, or military identification number, or valid U.S. or Canadian passport number, or state issued learners permit number, or a unique identification number issued by the division of watercraft.
R.C. 119.032 review dates: 11/30/2011 and 02/06/2017
Promulgated Under: 119.03
Statutory Authority: 1547.52
Rule Amplifies: 1547.54
Prior Effective Dates: 4/25/74, 8/16/84, 10/10/90, 9/1/99, 5/7/09
An application for mail renewal of a registration certificate may be made by the owner on forms mailed to and provided by the chief of the division of watercraft. The same Ohio registration number shall be issued upon renewal. Such application for mail renewal shall contain all of the information required in rule 1501:47-1-02 of the Administrative Code except paragraph (M) of that rule.
When a watercraft registered by the chief of the division of watercraft is transferred by the owner to another person, the registration numbers and registration decal assigned to the watercraft shall not be removed and shall pass to the possession of the new owner. Any remaining time on the registration shall be transferred.
The application for a registration certificate of a watercraft already numbered shall, for the purpose of the fees set forth in section 1547.54 of the Revised Code, be regarded as an original application for registration, but where the watercraft will continue in use in the state of Ohio the number shall be identical with the previously issued number, except where a lienholder acquired title and lawful possession by virtue of his lien (repossession), in which case a new number shall be issued.
When a watercraft registered under the provisions of section 1547.54 of the Revised Code is changed as to type of propulsion, which would require a higher registration fee, the owner of the watercraft shall surrender the existing registration certificate to a duly appointed registration agent of the division of watercraft and upon payment of the additional fee required plus a writing fee of three dollars to the agent, shall be issued a new registration certificate bearing the original registration number and listing the required data of the new watercraft.
(1) All numbers issued by the chief of the division of watercraft shall be divided into three parts. The first part shall consist of symbols identifying the state of Ohio, that is, the letters "O H".
(2) The second part of the boat number issued by the chief of the division of watercraft shall consist of not more than four Arabic numerals.
(3) The third part of the boat number issued by the chief of the division of watercraft shall consist of not more than two capital letters in sequence.
(b) The third part of any boat number issued to a bona fide watercraft dealer or manufacturer operating watercraft in accordance with section 1547.543 of the Revised Code shall be the capital letters "ZZ."
(4) The letters and numerals issued by the chief of the division of watercraft comprising the boat number shall be separated by hyphens or equivalent spaces in accordance with the serials numerically and alphabetically, i.e., OH-0000-AA or OH 0000 AA.
(B) Since the letters (I) and (O) and (Q) may be mistaken for Arabic numerals, all terminal letter sequences using capital (I), (O), and (Q) shall be omitted from the use in the numbering system. The number assigned to a watercraft by the issuance of a certificate of number by the chief of the division of watercraft shall be placed on each side of the forward half of the watercraft in such position as to provide clear legibility for identification. The number shall read from left to right and shall be in block characters of good proportion and not less than three inches in height. The numerals and letters comprising the whole number shall be of a color contrasting to the color of the background and so maintained as to be clearly visible and legible; i.e., dark numerals and letters on light background, or light numerals and letters on dark background.
(C) No other numerals or letters may be displayed upon the forward half of any watercraft registered by this state.
119.032 review dates:
Promulgated Under: 119.03
Statutory Authority: 1547.52
Rule Amplifies: 1547.53, 1547.531, 1547.54, 1547.541, 1547.542, 1547.543, 1547.57
Prior Effective Dates: 8/16/84, 10/10/90, 4/17/07
(A) The chief shall prescribe a form for the application for a contingent registration which may be issued under the following circumstances:
(1) The owner of a vessel that requires a hull identification number under the provisions of section 1547.65 of the Revised Code may apply to the chief for a contingent registration in the event that a hull identification number cannot be issued at the time of application.
A contingent registration issued under this division shall be valid for a period not to exceed thirty days from the date of application. The owner or operator of the vessel must provide dated proof of application upon the request of a peace officer as defined in section 2935.01 of the Revised Code.
(2) The chief or a state watercraft officer as defined in section 1547.52 of the Revised Code acting under the authority of the chief, may issue a contingent registration for any vessel operating under the provisions of section 1548.03 of the Revised Code.
A contingent registration issued under this division shall be valid for a period not to exceed thirty days from the date of purchase or possession. The owner or operator of the vessel must provide a dealer's dated bill of sale or notarized bill of sale as proof of the term at the time the contingent registration is issued and upon the request of a peace officer as defined in section 2935.01 of the Revised Code.
(3) The chief or a state watercraft officer as defined in section 1547.52 of the Revised Code acting under the authority of the chief, may issue a contingent registration for any vessel operating under the provisions of division (A)(2) of section 1547.531 of the Revised Code.
A contingent registration issued under this division shall be valid for a period not to exceed forty-five days from the date of transfer. The owner or operator of the vessel must provide a dealer's dated bill of sale as proof of the term at the time the contingent registration is issued and upon the request of a peace officer as defined in section 2935.01 of the Revised Code.
(B) Any vessel marker provided by the division of watercraft as proof of contingent registration shall be displayed in the following manner:
(1) The contingent registration marker shall be affixed to the port side of the bow in a location which does not obscure existing vessel numbers and is clearly visible under normal operating conditions, or;
(2) For a hand powered vessel eligible to be numbered under the provisions of division (H) of section 1547.53 of the Revised Code or a personal watercraft, the contingent registration marker shall be placed in a manner consistent with the requirements described in rule 1501:47-1-21 of the Administrative Code.
(C) The owner of a vessel displaying a contingent registration marker must immediately remove the marker when it is no longer valid or upon the issuance of a registration under the provisions of section 1547.531 of the Revised Code.
(D) No person shall knowingly alter or deface or otherwise falsely display a contingent registration marker. Violation of this division shall be equivalent to a violation of section 1547.54 of the Revised Code.
(E) No person shall operate or permit the operation of a vessel in violation of this rule.
(A) Only owners of vessels used solely for recreational purposes are eligible for fee waiver for registration certificate, contingent on proof of eligibility as required by paragraph (B) of this rule.
(B) Persons applying for fee waiver for a registration certificate must show proof of ownership of the watercraft pursuant to Chapters 1547. and 1548. of the Revised Code and rules adopted thereunder and, in addition, shall submit as appropriate one of the following as proof of eligibility:
(1) Written verification from the veterans' administration of current one hundred per cent service-related disability.
(2) Written verification from the veterans' administration that the veteran has been or is awarded funds for the purchase of a motor vehicle under the Disabled Veterans' and Servicemens' Automobile Assistance Act of 1970, 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto.
(3) Written verification from the veterans' administration of prisoner of war status from the U.S. armed services.
(4) A certified copy of the U.S. armed services separation paper showing prisoner of war status.
(5) Written verification from the armed service of a country allied with the United States during world war II that the veteran, as a U.S. citizen at the time of the appointment, enrollment, or enlistment, was made a prisoner of war during world war II.
(6) Written verification from any agency or branch of the U.S. government of receipt of the congressional medal of honor.
(C) Applicants shall verify eligibility for fee waiver each time a watercraft registration certificate is required.
(D) All documents sent to the division of watercraft shall be retained and become the property of the division of watercraft.
(E) Application for watercraft registration certificate, proof of ownership, and verification of fee waiver eligibility shall be submitted to:
"Ohio Department of Natural Resources,
Division of Watercraft,
2045 Morse Road, Building A-1,
Columbus, Ohio 43229"
(F) Annually, by the fifteenth day of January, the director of natural resources shall determine the amount of fees that would have been collected in the prior calendar year for each registration certificate issued or renewed pursuant to paragraphs (A), (B), and (C) of this rule and certify the total amount of foregone revenue to the director of budget and management for reimbursement from the general revenue fund to the waterways safety fund created pursuant to section 1547.75 of the Revised Code.
119.032 review dates:
Promulgated Under: 119.03
Statutory Authority: 1547.52
Rule Amplifies: 1547.52, 1547.54
Prior Effective Dates: 6/30/88, 9/9/88, 10/10/90, 9/1/99, 4/17/07
For the purpose of this rule, a "boating accident" means a collision, accident, or other casualty involving any vessel, either moored or in operation, upon any of the waters in this state.
(A) A vessel subject to this rule is considered to be involved in a boating accident whenever the occurrence results in damage by or to the vessel or its equipment; in injury or loss of life to any person; or in the disappearance of any occupant under circumstances indication the possibility of injury or death. A boating accident includes, but is not limited to, capsizing, collision, foundering, flooding, fire, explosion, or the disappearance of a vessel other than by theft.
(B) A report is required whenever a vessel subject to this rule is involved in a boating accident which results in any one or more of the following:
(1) Loss of life
(2) Personal injury requiring medical treatment beyond first aid.
(3) Actual physical damage to property, including watercraft, in excess of five hundred dollars.
(4) Physical damage or other incident resulting in the total loss of a vessel.
(5) Whenever death results from a boating accident, a written report shall be submitted to the chief of the division of watercraft within twenty four hours. For every other reportable boating accident a written report shall be submitted within five days after such accident. All such reports shall be submitted upon forms prescribed by and available from the chief of the division of watercraft. The operator or operators of each watercraft involved shall prepare and submit a written report to the: "Chief of the Division of Watercraft, 2045 Morse Road, building A, Columbus, Ohio 43229." Every written report shall contain the complete information required by the report form as described by the chief of the division of watercraft.
(a) Name and address of operator.
(b) Age of operator.
(c) Date of birth of operator.
(d) Operator's experience.
(e) Operator's telephone number.
(f) Owner's telephone number.
(g) Name and address of owner of vessel.
(h) Was it a rented boat.
(i) Number of persons on board.
(j) Formal instruction in boating safety.
(k) Boat registration number.
(l) Boat name.
(m) Boat make.
(n) Boat model.
(o) Manufacturer's hull identification number.
(p) Type of boat.
(q) Hull material.
(u) Date of accident.
(v) Time of day.
(w) Name of body of water.
(y) State (26) nearest city, town.
(bb) Water conditions.
(ff) Operation at time of accident.
(gg) Type of accident.
(hh) What in your opinion contributed to the accident.
(ii) Personal flotation devices.
(jj) Property damage.
(kk) Fire extinguishers.
(ll) Describe property damage.
(mm) Name and address of owner of damaged property.
(pp) Describe what happened.
(qq) Vessel number two name of operator.
(rr) Address of vessel number two. Registration number of vessel number two.
(ss) Telephone number of owner of vessel number two.
(tt) Vessel number two name.
(uu) Name of owner of vessel number two.
(vv) Address of owner of vessel number two.
(xx) Signature of person completing report.
(yy) Address of person completing report.
(zz) Telephone number of person completing report.
(aaa) Qualification of person completing report.
(bbb) Date report submitted.
(ccc) Boating accident report addendum. (if applicable)
(C) The chief of the division of watercraft shall furnish all boating accident report statistics, information, or forms as shall from time to time be requested by the United States coast guard.
No person shall without lawful authority climb on, swim and hang on, dive off, tie a watercraft to or attempt to tie a watercraft to, injure, sink, disconnect from its anchor, damage, deface or interfere with any buoy or other aid to navigation which is placed, anchored or erected by the United States coast guard, state of Ohio or political subdivision of this state.
In accordance with section 1547.26 of the Revised Code, the following vessels are exempt from requirements to carry on anchor and line:
Any vessel less than fourteen feet in length.
Any canoe as defined in section 1547.01 of the Revised Code.
Sailboats and sailboards as defined in section 1547.01 of the Revised Code and less than twenty-one feet in length.
In accordance with section 1547.08 of the Revised Code the following buoys or signs shall be used to mark recreational water areas of the state of Ohio.
(A) Buoys marking control zones, hazards and no boat areas shall show all around the horizon. The body of such buoys shall show white in color and shall have a solid orange cap at the top. On the white background, as an integral part of the buoy or on a suitable decal, shall be the outline of a circular or diamond shaped insignia of the same orange color. Above, below or enclosed in the insignia shall be black block letters with an indication of the restriction. The size of the insignia and the letters shall be determined by the chief of the division of watercraft commensurate with the size of the buoy.
(B) Control zones shall be marked by buoys displaying a circular-shaped insignia of the above mentioned orange color.
(C) Danger areas shall be marked by buoys displaying a diamond-shaped insignia of the above mentioned orange color.
(D) Dams, rapids, swimming areas and all other areas in which recreational vessels are prohibited shall be marked by buoys displaying a diamond-shaped insignia containing intersecting horizontal and vertical lines of the above mentioned orange color.
(E) In addition to the above mentioned buoys, the chief of the division of watercraft may prescribe signs to mark similar and dissimilar hazards and areas.
(A) No person shall anchor, moor, tie-up, or raft off to any other vessel, dock, launch ramp, or structure on the waters in this state in such a manner that the vessel blocks, impedes, or restricts other vessels in their normal and reasonable use or navigation.
(B) No person shall leave any vessel anchored, or in any dock space, or tie-up space, on the waters in this state without first properly fastening and securing the vessel in such a manner as to avoid fouling or collision with any other vessel, or from drifting free.
An abbreviated written exam, a signed rental agreement, or a statement attached to the rental agreement as stated in section 1547.052 of the Revised Code are only valid for that specific rental business location and for the specific time period described in the rental agreement.
In accordance with section 1547.052 of the Revised Code, the division of watercraft approved abbreviated examination shall be completed with the following requirements:
(A) The examination shall be administered by and in the presence of the rental business employee issuing the rental agreement;
(B) A person taking the examination shall only have two attempts at achieving a passing score within one calendar day;
(C) No reference material shall be utilized by a person while completing the examination;
(D) Neither the rental business employee, nor any other person shall provide information to another person while attempting to complete the examination in order to attain a passing score.
The division of watercraft shall provide and issue certificates pursuant to section 1547.05 of the Revised Code for proctored and nonproctored proficiency examinations. Each certificate and examination shall comply with the following requirements:
(A) All proficiency examinations shall be supplied by the division of watercraft;
(B) All completed proficiency examinations shall be submitted to the division of watercraft. A minimum of seventy percent must be achieved on the examination to obtain a certificate;
(C) In addition to paragraphs (A) and (B) of this rule, persons applying for a proctored proficiency examination certificate must complete the examination under the following requirements:
(1) The examination shall be administered by and in the presence of a division of watercraft employee, a certified Ohio boating education course instructor, or a division of watercraft designee;
(2) No reference material shall be used by a person while completing the examination;
(3) No person, division of watercraft employee, or certified Ohio boating education course instructor shall provide information to another person while attempting to complete the examination in order to attain a passing score.
(4) A person taking the examination shall only have two attempts at achieving a passing score within one calendar day.
In accordance with section 1547.05 of the Revised Code, the certificate as evidence of successful completion of the course or examination shall be valid only if the following information is on the certificate:
(B) Date of birth;
(C) Completion date of course or examination;
(D) Issuing agency logo; and
(E) National association of state boating law administrators (NASBLA) approved course certificates shall also display the NASBLA logo and the words "course approved by the national association of state boating law administrators."
(A) Persons participating in the division of watercraft Ohio boating education course may be assessed a fee of five dollars plus facility costs.
(B) Persons participating in division of watercraft sponsored courses and programs approved by the chief of the division of watercraft other than as prescribed in paragraph (A) of this rule, may be assessed a fee no greater than the costs of the educational materials, room rentals, and equipment rental fees incurred by the division of watercraft. Course fees shall be determined in accordance with policies established by the chief.
(A) A refund of a watercraft registration fee set forth in section 1547.54 of the Revised Code shall be issued in the event the watercraft owner is able to provide proof that the registration fee had been paid multiple times for the current triennial registration time period. A refund may also be issued in those situations where the chief deems a refund is appropriate provided the request for refund was received by the chief within the first thirty days after the purchase of the watercraft registration.
(B) A refund of a boating skill development course or other educational course as set forth in rule 1501:47-1-18 of the Administrative Code shall be issued in the event of an emergency, or in those situations where the chief deems a refund is appropriate.
For the purposes of paragraph (B) of this rule, "emergency" is defined as any situation in which the instructor finds it necessary to cancel the course or the student misses the course due to circumstances beyond their control. "Emergencies" include, but are not limited to:
(1) Death or illness of the student or family member;
(2) Natural disaster or impending natural disaster at the course site or the students' home, and the course cannot be made up or rescheduled;
(3) Termination of necessary services at the course site, and the course cannot be made up or rescheduled; and
(4) Forced evacuation of the course site due to epidemic, contamination, or any other threat to the students' health or well being, and the course cannot be made up or rescheduled.
In accordance with division (I)(2) of section 1547.31 of the Revised Code, the following shall be required when conducting a powercraft noise level test:
(A) A sound meter which meets type 1 or type 2 specifications and SAE J 1970 and SAE J 2005 standards shall be used;
(B) A sound level calibrator shall be used to calibrate the sound level meter. The sound level calibrator shall meet all SAE J 1970 and SAE J 2005 standards; and
(C) A sound level test shall be conducted in accordance with all manufacturer specifications pertaining to the specific sound level meter used.
(D) The operator of a powercraft that requests a letter of exemption for the purpose of testing, development, or both shall identify the powercraft concerning which the letter is issued by providing the following information in a letter addressed to the "Chief of the Division of Watercraft; 2045 Morse Road, A-3; Columbus, Ohio 43229. "
(1) Hull identification number;
(4) Other specific identifying characteristics;
(5) Purpose for operation;
(6) Effective time or date of exemption; and
(7) Date(s) for exemption request.
(E) Requirements for the training of law enforcement officers who conduct powercraft noise level tests shall include the following:
(1) Site selection where noise level is measured;
(2) Calibration requirements; and
(3) Use of specific sound meter devices.
(A) The owner of a hand powered canoe, rowboat (including racing shells and rowing sculls), or inflatable watercraft for which a registration certificate is issued under section 1547.54 of the Revised Code and which is exempted from numbering under section 1547.53(H) of the Revised Code shall securely affix the assigned tag to the vessel in a location that is visible under normal operating conditions in one of the following manners:
(1) On the transom, the tag should be affixed in the upper right corner of the transom and placed so that the tag does not interfere with the legibility of the hull identification number:
(2) On a deck on the rear half of the vessel;
(3) On the outside below the port side gunnel; or
(4) On the inside of the vessel on the upper portion of the starboard side gunnel so that it is visible from the port side of the vessel.
(B) The tag shall be securely affixed to the vessel prior to its operation, but shall be removed when it becomes invalid.
(C) No person shall operate or permit to be operated any vessel on the waters in this state in violation of this rule.
(1) Racing shells and rowing sculls;
(2) Sailboards; and
(3) Those individual vessels that have been issued a written exemption by the chief of the division of watercraft and would otherwise be exempt by the federal personal flotation device carriage requirements.
(A) Any vessel that has been issued a hull identification number under the authority of section 1547.65 of the Revised Code must permanently affix and display the hull identification number in accordance with federal law as described in 33 CFR section 181.29.
(A) Any vessel, except a vessel of less than twenty-six feet in length, operating upon the waters of this state shall display pollution placards as described within 33 CFR 155.450. Such placards shall be at least five inches by eight inches, made of durable material fixed in a conspicuous place in each machinery space or at the bilge and ballast pump control station, and state the following:
Discharge of oil prohibited.
The Federal Water Pollution Control Act prohibits the discharge of oil or oily waste into or upon the navigable waters of the United States, or the waters of the contiguous zone, or which may affect the natural resources belonging to, appertaining to, or under the exclusive management authority of the United States, if such discharge causes a film or discoloration of the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to substantial civil penalties and/or criminal sanctions including fines and imprisonment.
(B) No person shall operate a vessel or permit a vessel to be operated in violation of this rule.
(A) Any vessel, except a vessel of less than twenty-six feet in length operating upon the waters of this state, must have a garbage placard of at least nine inches wide by four inches high, made of durable material, lettered with letters at least one-eighth inch high as described within 33 CFR 151.59.
(B) The placard must be displayed in a conspicuous place on the vessel at all times and notify the reader of the following:
(1) The discharge of plastic, or garbage, or any other waste mixed with plastic into the water is prohibited.
(2) The discharge of dunnage, lining and packing materials that float into the water is prohibited.
(C) No person shall operate a vessel or permit the operation of a vessel in violation of this rule.
Replaces: 1501:47-4-01, 1501:47-4-04
(A) Upon the waters of this state, the operator of each self-propelled vessel twelve meters or more in length shall carry on board and maintain for ready reference a copy of the inland navigation rules as required by 33 CFR 88.05.
(B) No person shall operate a vessel or permit a vessel to be operated in violation of this rule.
Replaces: 1501:47-4-01, 1501:47-4-03